Terms & Conditions for Creative Kids World
Welcome to Creative kids world!
Orion Eduverse Pvt Ltd. (“we,” “us,” “our”) provides its services (described below) to you through its website located at creativekidsworld.org (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Creative Kids World shall not be liable to any party for any form of loss or damage incurred as a result of any use of or reliance on any information contained on such website or any websites which can be accessed through this website. This site is supplied on an “as is” basis and has not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility, as the user, to satisfy yourself, prior to making use of this site, that the service available from and through this site will meet your individual requirements and be compatible with your hardware and/or software.
3. DESCRIPTION OF SERVICE
Creative Kids World offers online learning sessions to students users. The deletion or updation of any new service or product shall be subject to the Terms. Access to any service may involve third-party fees (internet service provider and airtime charges) or any other equipment (desktop, computer, etc.). You are solely responsible for those fees and equipment.
4. AGE RESTRICTIONS
a. The site is not available for any person under the age of 8 without their parents/guardian’s consent. If you are under 8 years old, your parent or guardian is required to consent to your use of this site and shall be required to accept these terms on your behalf. Accordingly, Creative Kids World is indemnified from any and all liability in this regard, including any liability arising as a result of your failure, or someone acting on your behalf, to provide accurate information in this regard when required to do so through the use of this site.
5. USAGE OF WEBSITE
At the registration process, each individual must provide the username and password with accurate details and updated contact information. You are prohibited from sharing any login credentials to our site with a third party. You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify Creative Kids World of any unauthorized use of your account, profile, or passwords. In such a case, you must also promptly change your username or password. Any type of fraudulent or illegal activity will be reported to law-enforcement agencies.
We shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this site or the services or content provided from and through this site, or third party website accessed through this site. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site is free from errors or omissions or that the service will be uninterrupted and/ or error-free. Creative Kids World, or any other party (whether or not involved in creating, producing, maintaining or delivering the site or the portal), and any of the companies associated with Creative Kids World and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, in connection with the site (including the User-Generated Content) in any way or connection with the use, inability to use or the results of use of the site (including the User-Generated Content), any sites linked to the site or the material on such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the site (including the User-Generated Content) or your downloading of any material from the Site (including the User-Generated Content) or any sites linked to the site. You agree to keep Creative Kids World and its associates shall be fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Creative Kids World as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Creative Kids World to you.
7. PAYMENT AND REFUND
The Platform is a paid service and the payments made by you shall be according to the plans opted by you through the Platform. All payments shall be through the payment mechanism put in place by us. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer, UPI and Wallet Payment. The payment gateway mechanisms are governed by the terms and conditions of the third party providers as listed on the Platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. By submitting a payment through the online-payments site you are agreeing to these terms and conditions including any updated changes in terms and conditions from time to time through our website. Any free trials provided by Creative Kids World, shall also be governed by these Terms.
8. SERVICE ACCESS
a. Creative Kids World endeavours to ensure that the site is normally available 24 hours a day. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Creative Kids World’s control.
b. Creative Kids World shall not be liable if for any reason the site is unavailable at any time or for any period.
c. Creative Kids World makes no warranty that: ◦ services will be uninterrupted, secure and error-free ◦ the result obtained from any service will be accurate ◦ the quality of products and services will meet your expectations
d. Access to any service or product is at your own discretion and risk.
9. CHANGE OR MODIFICATION OF SERVICE
Creative Kids World reserves all rights to change, modify or discontinue any service, temporarily or permanently. We shall not be liable to you or the third party for any such decisions. All changes and modifications associated with the use of this website will be informed to the users on the Terms of Service page of the website.
10. INFORMATION ON THIS SITE
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Creative Kids World. Users must seek advice before taking any action based on the contents of this site. Creative Kids World has not determined that the site content is suitable for any particular purpose and/or for a particular user whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the site content or its subject matter. You should not rely on the site content for professional advice or as a basis for any investment, transactional or similar decisions you make or which are made on your behalf without first consulting with your preferred professional or business advisors. No information or data on this site is an offer to do business (which upon acceptance by yourself will constitute a contract) but is merely an invitation to do business. No agreements shall be concluded merely by sending a data message to this site or its owners. Valid agreements require an acknowledgement of receipt of an offer, duly received from us.
10. USER-GENERATED CONTENT AND CONDUCT
a. Any use of User-Generated Content by users other than for private, non-commercial research or study is strictly prohibited. You are prohibited from posting or transmitting to or from the site, including social media pages of Creative Kids World’s Facebook, Twitter, LinkedIn, Google+ and other social networking media, any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data (together “Inappropriate User-Generated Content”).
Creative Kids World shall fully co-operate with any law enforcement authorities or court order requesting or directing Creative Kids World to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
Creative Kids World accepts no responsibility for actively monitoring any forums, such as but not limited to Facebook, Twitter, LinkedIn and any such other forums as may come into existence, contained in the site for Inappropriate User-Generated Content. You agree that Creative Kids World accepts no liability whatsoever if we so choose from time to time to edit, restrict or remove the User-Generated Content.
11. INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
a. All materials, names, logos, images, graphics, photographs, illustrations, artwork and other elements on the Creative Kids World website are controlled by Creative Kids World and protected by copyright, trademark and other applicable intellectual property rights. None of these elements must be republished, posted, distributed or used for any purpose or without prior written permission. The content on the website must not be deleted, distorted or modified in any way.
b. This site contains information which is owned by or is licensed to us, including but not limited to text, design, layout, graphics, organization, magnetic translation, digital conversion and other information related to the site. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part, other than in accordance with the next paragraph is strictly prohibited. You are granted a non-exclusive, non-transferable, revocable license to:
access and use this site strictly in accordance with these terms;
to use this site solely for personal, non-commercial and lawful purposes;
to download, copy, print screen, use, save or print out information from the site solely for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
c. Any material, resources or content on Creative Kids World should not be used for any illegal purpose or beyond these Terms and Conditions. All materials are solely applicable for non-commercial use and should not be modified, published or put on resale.
13. LINKS TO AND FROM OTHER SITES
a. You may not create a link to this site from a third party site or document without our prior written consent.
b. Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed all of these third-party websites and do not control and is not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the site, you do so entirely at your own risk.
c. If you would like to link to the site, you are required to obtain our written permission to do so, and you may only do so on the basis that you link to, but do not replicate, any page of the site, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of Creative Kids World logo or any of its related subsidiaries;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false information about Creative Kids World;
you do not otherwise use Creative Kids World displayed on the site without express written permission from us;
you do not link from a site that you do not have the necessary authority or permission to link from;
and the site you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Creative Kids World or any other person or otherwise does not comply with all applicable laws and regulations.
d. We expressly reserve the right to revoke the right granted in clause 12.3 for breach of these terms and to take any action we deem appropriate.
e. You shall fully indemnify us for any loss or damage suffered by Creative Kids World or any of its group companies for breach of clause 11.
14. VARIATION OF TERMS
We reserve the right to modify these terms or information set out in the site at any time and will publish notice of any such modifications online. By continuing to access our site after notice of such modifications has been published, you agree to comply with and be bound by them.
15. GUIDELINES FOR ONLINE CONDUCT
a. You agree to use the site in accordance with all applicable laws.
b. We respect the constitutional right to freedom of speech and encourage robust intellectual debate. Your right to free speech is subject to the provisions of the Constitution.
c. You agree not to post any advertising or any form of commercial solicitation, including, but not limited to, spamming anywhere on the site.
d. You agree not to post any content that contains viruses or other harmful items anywhere on the site.
e. We reserve the right to remove content, block access or take other action which we deem appropriate in the circumstances against any content which violates the above rules and guidelines.
f. If a third party claims that any material you have contributed to a site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.
g. You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the sites.
h. You agree that you will not restrict or inhibit any other user from using and enjoying the sites. You agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.
i. We respect the intellectual property of others. If you believe your copyright has been violated on a site hosted by us, please give notice by contacting us. We will, upon receipt of such notice and confirmation that such copyright has been violated, use all reasonable means to remove the infringing content and inform the person that posted it of such removal and the reason therefore.
16. APPLICABLE AND GOVERNING LAW
This site is hosted, controlled and operated from the Ranchi,Jharkhand, India and Indian Law governs the use or inability to use this site and these terms and conditions of use. Courts in Ranchi, Jharkhand have jurisdiction in the event of a dispute of any nature whatsoever arising between parties.
17. PAYMENT TERMS AND CONDITIONS
Student/Parent has to enter the username and password and login into their page. If payment is to be made online, Click on "Pay online" and after the student login to the page with their user and name and password, you will be directed to the online portal, wherein you have to select your mode of payment such as credit card, debit card, Net Banking etc. Kindly follow the instructions as applicable to your choice of payment. Once “Pay” - Option is selected you will be directed for payment through NET BANKING or DEBIT / CREDIT CARD. You can choose the desired payment option and proceed. Payment process normally takes a few seconds to a minute and once the payment is successful, You will get a PAYMENT CONFIRMATION SLIP and the Student/Parent has to keep the same for reference. In case the payment is not successful due to any reason you will get a display on the status of failure in payment. In case none of the above two happens, and there is heavy delay in any response from the system - if you have not proceeded with payment and not given any BANK or CC particulars, you may proceed from the beginning again and start the payment process again In case you have given all the DEBIT / CREDIT card details or NET BAKING authorization for payment, and have not got any response, please check with your bankers or credit card company and see if your account is debited. If your bank account/CC is debited, please don’t make any attempt to pay again. Student account will be credited automatically and you will get the receipt on Transaction + 2 date. Creative Kids World accepts no responsibility for refusal or reversal of payments which are matters solely between the user of the service and the credit card provider. The credit card information supplied when using this service is processed by the payment gateway of the service provider and is not supplied to the Creative Kids World. The only information supplied to the Creative Kids World is the name of the payer, the invoice or notice number, part of the credit card number and the amount of the payment. It is the sole responsibility of the user of this service to ensure that the information entered in the relevant fields is correct. It is recommended that you take and retain a copy of the transaction for record-keeping purposes, and to assist with the resolution of any disputes that may arise from the use of this service. This service is provided using a payment gateway service provider through a secure website. However, Creative Kids World will not be able to give any assurance that information provided online by a user may not be able to be read or intercepted by a third party. Creative Kids World does not accept any liability in the event of the interception, "hacking" or other unauthorized access to information provided by a user of this service. No warranty - No warranty, representation or guarantee, express or implied, is given by the Creative Kids World in respect of the operation of this service. Disclaimer and Limitation of liability - Creative Kids World does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred from the use of this service. The above disclaimer and limitation of liability operate only to the extent permitted by law. While availing any of the payment method/s offered by us, the Creative Kids World is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
lack of authorization for any transaction/s,
exceeding the preset limit mutually agreed by you and between your "Bank/s"
any payment issues arising out of the transaction,
The decline of transaction for any other reason/s.
For any queries, one can connect to the team via the official communication channels. Email: email@example.com | WhatsApp +919835739324
18. GENERAL PROVISIONS:
Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. Creative Kids World’s rights under the Terms are freely transferable by Creative Kids World to any third parties without the requirement of seeking your consent.
Termination: Without limiting any other rights that Creative Kids World may have, Creative Kids World may remove, restrict, cancel or suspend access to and/or use of the service and any part of it, if Creative Kids World considers (in the sole discretion of Creative Kids World) that You have breached any of these Terms.
You may also terminate your agreement with Creative Kids World by ceasing to access the service, deleting all copies of the service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination
Indemnity: You agree to indemnify and hold us harmless, our contractors, and our licensors, and respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Creative Kids World, including but not limited to the violation of these Terms by you.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Creative Kids World to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Creative Kids World of that provision or right.
Relationship: You acknowledge that your participation on the Creative Kids World website does not make you an employee or agency or partnership or joint venture or franchise of Creative Kids World.
19. REFUND POLICY
Amount charged for online classes is not refundable under any circumstances.